U.S. Fish & Wildlife Service
Safe Harbor Agreements for
Private Landowners
Safe Harbor Agreements are voluntary
arrangements between the U.S. Fish and
Wildlife Service (FWS) or the National
Oceanic and Atmospheric
Administration–Fisheries and
cooperating non-Federal landowners.
This policy’s main purpose is to
promote voluntary management for
listed species on non-Federal property
while giving assurances to participating
landowners that no additional future
regulatory restrictions will be imposed.
The agreements benefit endangered
and threatened species while giving
landowners assurances from additional
restrictions.
Following development of an
agreement, the FWS will issue an
“enhancement of survival” permit, to
authorize any necessary future
incidental take to provide participating
landowners with assurances that no
additional restrictions will be imposed
as a result of their conservation actions.
Preserving Habitat
Because many endangered and
threatened species occur primarily or
exclusively on privately owned
property, we believe it is critical to
their protection to involve private
landowners in their conservation and
recovery. Many property owners,
however, are concerned about land use
restrictions that may occur if listed
species colonize on their property or
increase in numbers as a result of land
management. Thus they often avoid or
limit land and water management
practices that could enhance and
maintain habitat.
Landowner Initiatives
Any non-Federal landowner can
request the development of a Safe
Harbor Agreement. These agreements
are between the landowner and the
FWS or between the FWS and other
stakeholders (such as State natural
resource agencies, Tribal governments,
local governments, conservation
organizations, businesses). Even if a
landowner and the FWS develop an
agreement, other stakeholders, at the
landowner’s request, can participate in
many ways in the development phases
of the agreement. However, the
assurances only apply to the
participating landowners and for lawful
activities within the enrolled lands.
Non-Federal landowners have been
seeking and insisting on assurances that
their voluntary actions will not result in
future land-use restrictions. This policy
could help all non-Federal landowners
interested in using their lands to aid
conservation but who also fear
subsequent restrictions on land use.
No Surprises
The FWS will provide assurances (by
issuing an “enhancement of survival”
permit) that, when the agreement’s
term ends, the participating landowner
may use the property in any otherwise
legal manner that doesn’t move it below
baseline conditions determined in the
agreement. These assurances operate
with the enrolled lands and are valid for
as long as the participant is complying
with the Safe Harbor Agreement and
associated permit.
In return for the participant’s efforts,
the FWS will authorize incidental take
through the section 10 (a)(1)(A) process
of the Endangered Species Act (ESA).
This permit would allow participants to
take individual listed plants or animals
or modify habitat to return population
levels and habitat conditions to those
agreed upon as baseline.
Enhancing Wildlife
Before entering into a Safe Harbor
Agreement, we must make a written
Aplomado falcon. Photo by Steve
Bentsen
finding that the covered endangered or
threatened species will receive a “net
conservation benefit” from the
agreement’s management actions.
Examples of such benefits include:
■ reduction of habitat fragmentation;
■ maintenance, restoration, or
enhancement of existing habitats;
■ increase in habitat connectivity;
■ maintenance or increase of
population numbers or distribution;
■ reduction of the effects of
catastrophic events;
■ establishment of buffers for
protected areas; and
■ areas to test and develop new
management techniques.
The finding must clearly describe the
expected net conservation benefits and
how the FWS reached that conclusion.
Net conservation benefits must
contribute, directly or indirectly, to the
recovery of the covered species. This
contribution toward recovery will vary
and may not be permanent. The benefit
to the species depends on the nature of
the activities to be undertaken, wherethey are undertaken, and theirduration.Starting the ProcessGenerally, the steps are:1. Contact the nearest FWS EcologicalServices field office and ask to speak tosomeone about the Safe HarborProgram.2. You (the landowner), with the aid ofthe FWS, must gather some generalinformation. This includes, but is notlimited to, a map of the property,proposed management actions,information on the listed species thatoccur on the property, and any otherpertinent information.3. We (or appropriate cooperatorsapproved by you) will describe thebaseline conditions for the enrolledproperty in terms appropriate for thecovered species. Using the baselinedetermination, you and our staff willdiscuss land use objectives, assesshabitat quality, and identify any otherinformation needed to develop anagreement that meets the standards ofthe policy.4. Based on all the information youprovide, information gathered duringsite visits, and the FWS’s technicalassistance, you and our staff (and anyother pertinent entity, such as a Statefish and game agency) develop a draftSafe Harbor Agreement. The draftagreement would include a monitoringprogram designed to assess the successof the management practices.5. To apply for a permit, you wouldcomplete an “enhancement of survival”permit application form, attach thedraft Safe Harbor Agreement, andsubmit them to us. This is yourcomplete application.6. After we comply with all applicableESA provisions (internal section 7review and public comment period onyour permit application), we will issueyou a 10(a)(1)(A) permit and finalizethe agreement. This permit will allowyou to return your property to thebaseline conditions at the end of theagreement.If continuation of permitted activitieswould likely result in jeopardy tocovered species, the FWS may, as a lastresort, revoke the permit. Prior torevocation, the FWS would exercise allpossible measures, including offering topurchase the property or relocate thespecies, to remedy the situation. Wemay also suspend or revoke a permit forcause in accordance with the laws andregulations in force at the time of suchsuspension or revocation.Determining a BaselineWe will describe the baseline of theenrolled property in terms appropriatefor the target or covered species, such asnumber and location of individuals, if itcan be determined. Probably the mostcommon method will be a measurementof the habitat. For example, in a streamrestoration project to benefit listedstreamside songbirds, we may use themiles of occupied stream habitat beingrestored as the baseline measurement.We will also use other information, suchas habitat characteristics that supportthe covered species and any otherinformation that helps to document thecurrent conditions.TimelineMany agreements can be developedwithin 3-4 months. More complexagreements may take at least 6-7months. It depends on a number offactors including:■the species’ ecology,■size of project,■number of parties to the agreement,■state of scientific knowledgeregarding the species, and■funding available for the SafeHarbor program.Public InvolvementAs with other similar ESA permits, wewill publish a notice in the FederalRegister when we receive the permitapplication. We will announce receiptand availability of the application andagreement. We will accept and considercomments from the public beforemaking a final decision on issuance ofthe permit.If a non-covered listed species or a newlylisted species occupies the enrolledlands, the participant can request anamendment to the agreement and/orthe permit to add the species. The FWSand the participant will agree on theenhancement or maintenance actionsfor the newly covered species, baselineconditions, and a net conservationbenefit to that species. We would revisethe permit and agreement to addressthe presence of additional listed speciesin much the same way as the speciescovered in the original agreement.Selling the LandIf you sell or give away your enrolledlands, we will honor the agreement,providing the new owner willingly signsthe original agreement or a newmutually agreeable one.Renewing the AgreementThese agreements can be renewed foras long as the landowner wishes andfollows its terms.Statewide AgreementStatewide individual States to implement SafeHarbor programs. We provide a permitto the State, which can then offerindividual landowners authorizationsthrough a “certificate of inclusion.”This has tremendous potential forefficiently providing assurances to non-Federal landowners. These“programmatic” agreements can beprovided to other groups, such as localgovernment or non-governmentalconservation organizations. Statewideagreements have been developed forthe red-cockaded woodpecker in Texasand South Carolina.U.S. Fish and Wildlife FWSEndangered Species Program703/358-2105http://endangered.fws.govFebruary 2004agreements authorize

Click tabs to swap between content that is broken into logical sections.

U.S. Fish & Wildlife Service
Safe Harbor Agreements for
Private Landowners
Safe Harbor Agreements are voluntary
arrangements between the U.S. Fish and
Wildlife Service (FWS) or the National
Oceanic and Atmospheric
Administration–Fisheries and
cooperating non-Federal landowners.
This policy’s main purpose is to
promote voluntary management for
listed species on non-Federal property
while giving assurances to participating
landowners that no additional future
regulatory restrictions will be imposed.
The agreements benefit endangered
and threatened species while giving
landowners assurances from additional
restrictions.
Following development of an
agreement, the FWS will issue an
“enhancement of survival” permit, to
authorize any necessary future
incidental take to provide participating
landowners with assurances that no
additional restrictions will be imposed
as a result of their conservation actions.
Preserving Habitat
Because many endangered and
threatened species occur primarily or
exclusively on privately owned
property, we believe it is critical to
their protection to involve private
landowners in their conservation and
recovery. Many property owners,
however, are concerned about land use
restrictions that may occur if listed
species colonize on their property or
increase in numbers as a result of land
management. Thus they often avoid or
limit land and water management
practices that could enhance and
maintain habitat.
Landowner Initiatives
Any non-Federal landowner can
request the development of a Safe
Harbor Agreement. These agreements
are between the landowner and the
FWS or between the FWS and other
stakeholders (such as State natural
resource agencies, Tribal governments,
local governments, conservation
organizations, businesses). Even if a
landowner and the FWS develop an
agreement, other stakeholders, at the
landowner’s request, can participate in
many ways in the development phases
of the agreement. However, the
assurances only apply to the
participating landowners and for lawful
activities within the enrolled lands.
Non-Federal landowners have been
seeking and insisting on assurances that
their voluntary actions will not result in
future land-use restrictions. This policy
could help all non-Federal landowners
interested in using their lands to aid
conservation but who also fear
subsequent restrictions on land use.
No Surprises
The FWS will provide assurances (by
issuing an “enhancement of survival”
permit) that, when the agreement’s
term ends, the participating landowner
may use the property in any otherwise
legal manner that doesn’t move it below
baseline conditions determined in the
agreement. These assurances operate
with the enrolled lands and are valid for
as long as the participant is complying
with the Safe Harbor Agreement and
associated permit.
In return for the participant’s efforts,
the FWS will authorize incidental take
through the section 10 (a)(1)(A) process
of the Endangered Species Act (ESA).
This permit would allow participants to
take individual listed plants or animals
or modify habitat to return population
levels and habitat conditions to those
agreed upon as baseline.
Enhancing Wildlife
Before entering into a Safe Harbor
Agreement, we must make a written
Aplomado falcon. Photo by Steve
Bentsen
finding that the covered endangered or
threatened species will receive a “net
conservation benefit” from the
agreement’s management actions.
Examples of such benefits include:
■ reduction of habitat fragmentation;
■ maintenance, restoration, or
enhancement of existing habitats;
■ increase in habitat connectivity;
■ maintenance or increase of
population numbers or distribution;
■ reduction of the effects of
catastrophic events;
■ establishment of buffers for
protected areas; and
■ areas to test and develop new
management techniques.
The finding must clearly describe the
expected net conservation benefits and
how the FWS reached that conclusion.
Net conservation benefits must
contribute, directly or indirectly, to the
recovery of the covered species. This
contribution toward recovery will vary
and may not be permanent. The benefit
to the species depends on the nature of
the activities to be undertaken, wherethey are undertaken, and theirduration.Starting the ProcessGenerally, the steps are:1. Contact the nearest FWS EcologicalServices field office and ask to speak tosomeone about the Safe HarborProgram.2. You (the landowner), with the aid ofthe FWS, must gather some generalinformation. This includes, but is notlimited to, a map of the property,proposed management actions,information on the listed species thatoccur on the property, and any otherpertinent information.3. We (or appropriate cooperatorsapproved by you) will describe thebaseline conditions for the enrolledproperty in terms appropriate for thecovered species. Using the baselinedetermination, you and our staff willdiscuss land use objectives, assesshabitat quality, and identify any otherinformation needed to develop anagreement that meets the standards ofthe policy.4. Based on all the information youprovide, information gathered duringsite visits, and the FWS’s technicalassistance, you and our staff (and anyother pertinent entity, such as a Statefish and game agency) develop a draftSafe Harbor Agreement. The draftagreement would include a monitoringprogram designed to assess the successof the management practices.5. To apply for a permit, you wouldcomplete an “enhancement of survival”permit application form, attach thedraft Safe Harbor Agreement, andsubmit them to us. This is yourcomplete application.6. After we comply with all applicableESA provisions (internal section 7review and public comment period onyour permit application), we will issueyou a 10(a)(1)(A) permit and finalizethe agreement. This permit will allowyou to return your property to thebaseline conditions at the end of theagreement.If continuation of permitted activitieswould likely result in jeopardy tocovered species, the FWS may, as a lastresort, revoke the permit. Prior torevocation, the FWS would exercise allpossible measures, including offering topurchase the property or relocate thespecies, to remedy the situation. Wemay also suspend or revoke a permit forcause in accordance with the laws andregulations in force at the time of suchsuspension or revocation.Determining a BaselineWe will describe the baseline of theenrolled property in terms appropriatefor the target or covered species, such asnumber and location of individuals, if itcan be determined. Probably the mostcommon method will be a measurementof the habitat. For example, in a streamrestoration project to benefit listedstreamside songbirds, we may use themiles of occupied stream habitat beingrestored as the baseline measurement.We will also use other information, suchas habitat characteristics that supportthe covered species and any otherinformation that helps to document thecurrent conditions.TimelineMany agreements can be developedwithin 3-4 months. More complexagreements may take at least 6-7months. It depends on a number offactors including:■the species’ ecology,■size of project,■number of parties to the agreement,■state of scientific knowledgeregarding the species, and■funding available for the SafeHarbor program.Public InvolvementAs with other similar ESA permits, wewill publish a notice in the FederalRegister when we receive the permitapplication. We will announce receiptand availability of the application andagreement. We will accept and considercomments from the public beforemaking a final decision on issuance ofthe permit.If a non-covered listed species or a newlylisted species occupies the enrolledlands, the participant can request anamendment to the agreement and/orthe permit to add the species. The FWSand the participant will agree on theenhancement or maintenance actionsfor the newly covered species, baselineconditions, and a net conservationbenefit to that species. We would revisethe permit and agreement to addressthe presence of additional listed speciesin much the same way as the speciescovered in the original agreement.Selling the LandIf you sell or give away your enrolledlands, we will honor the agreement,providing the new owner willingly signsthe original agreement or a newmutually agreeable one.Renewing the AgreementThese agreements can be renewed foras long as the landowner wishes andfollows its terms.Statewide AgreementStatewide individual States to implement SafeHarbor programs. We provide a permitto the State, which can then offerindividual landowners authorizationsthrough a “certificate of inclusion.”This has tremendous potential forefficiently providing assurances to non-Federal landowners. These“programmatic” agreements can beprovided to other groups, such as localgovernment or non-governmentalconservation organizations. Statewideagreements have been developed forthe red-cockaded woodpecker in Texasand South Carolina.U.S. Fish and Wildlife FWSEndangered Species Program703/358-2105http://endangered.fws.govFebruary 2004agreements authorize